Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-09-16
raH POWER or CONGRESS-.
Interesting Review Of the Recent Pacific
Railroad Commission CASE.


The opinion of Justice Field. declaring
unconstitutional an important clause in an
Act OF Congress passed IN March of the
present year, will be read with no little
satisfaction by all friends of constitutional
government For the last twenty five years
there seemed to be no limit TO the power
Court, which wasdesigned as an Interpreter
of the fundamental law and a bulwark
against any encToachments upon the rights
of the people through either the executive
or legislative branches of the Government,
has weakly yielded TO nearly all the de-
mands which have been made TO recognize
the Administration at Washington as
the supreme authority.
The Constitution declares that ''no State
shall make anything but gold and silver
coin a tender in payment of debts" and
has not given any such power TO the
| Federal Government. Hence the right to
make anything else tender is prohibited
also to Congress by Article y. of the in
strument under which that body derives all
its powers. Our most eminent expounders
of the Constitution have taken this view
of it. Daniel Webster, in an able and ex-
| haustive argument, proved conclusively
that Congress had no right to make a legal
tender Of anything but gold and silver
coin; and he even excluded copper coin
from the privilege. But Congress in the
face of this prohibition, asserted the right
by issuing I" fiat paper money" and the
Supreme Court of the United States sus-
| tanned them in that assertion.
1t was then universally concluded by
| every thoughtful person that even if Con-
gress by enactment could make what is
simply paper promise to pay money not
| only the equivalent of real money, but a
legal tender for debts public and private,
it could only apply this to obligations con-
tracted after the passage of the law and in
view of the new issue. Congress insisted,
however, that it could, and by the terms of
the law the legal-tender quality of the new
paper issues was made as unlimited as that
of the gold coin. The Supreme Court at
first was so constituted that it would not
admit this usurpation OF power, and five of
| its most able Justices three other Justices
| dissenting) pronounced such application to
| be violation Of the Constitution
But Congress would not yield one of the
| five Justices, in ill-health, resigned, new
one who would support the legislation was
appointed in his place, and another new
| Justice was added to The Court TO make UP
| five who would declare for Congress
through thick and thin. The old decision
was then reversed, and this body of the
! Court as now constituted has even gone so
| far as to hold that such an assumption of
| Legislative authority, at first only claimed
as a war measure and therefore justified as
necessary to the existence of the republic
may be exercised at any time within the
discretion of the legislative body, even
though it be during profound peace.
These are given as simple illustrations
of the manner in which the usurpations of
the legislative branch of our Government
have nullified the restrictions of the Con-
stitution, and have been sustained by the
highest judicial body, from whose deci-
| sions there is no appeal.
| But now comes a case in which a blow
was aimed by law against the dignity and
independence of the judiciary itself. and
Justices are very quick to recognize its I'M
constitutionality. BY Act of March 8, 1887.
Congress passed "An Act authorizing an
| Investigation of the books, accounts and
methods of railroads which have received
aid from the United States, and for other
| purposes" The President was authorized
| to appoint three Commissioners to carry
out the purposes Of this Act, and this BODY
is now known as "The Pacific Railroad
| Commission" whose acts and doings have
been brought of late SO prominently before
the public.
The Act provides toward the close of
section I'd, that the Commissioners shall
have power to require the attendance and
testimony of witnesses and the production
OF all books, papers, contracts, agreements
| and documents relating to the matter I'M
der investigation, and to administer oaths /:
and to that end may invoke the aid of any
Court Of the United States in requiring
| the attendance and testimony of witnesses
and the production of books, papers and
| documents. And in case of contumacy or
refusal OF any witness to appear, to produce
| books and papers, or to give the required
testimony, any of the Circuit or District
| Courts of the United States were author
lzed to issue an order to enforce the de-
| mand, and If this was not obeyed, to pun
ish the failure as a contempt.
Leland Stanford, United States Senator
from California, was before the Commits
sion at San Francisco and was asked to
testify concerning the disbursement of
Sl71,0 of money paid out by the Central
Pacific road, and which it is supposed was
used to secure desired legislation. This
: was part of over 100000 of money unac-
counted for in the Vouchers The Senator
declined to answer, and the Commissioners
applied to the United States Circuit Court
for the enforcement of the law. The case
came up before Justice Field, of the United
States Supreme Court, and Judges SAWYER,
Hoffman and Sabin, four Federal Judges
sitting in bank. In delivering their opin-
ion Justice Field declared that the Act OF
Congress creating the Commission improp-
erly invites the cooperation of the Courts
/ in an inquiry that is not judicial, and then
objects also to the scope and general char
acter of the inquiry in its attempts to
compel witnesses to disclose their private
affairs, which he declares is beyond the
power of Congress.
We have not called attention to this
case for the purpose of discussing the ques-
ton at issue, but simply for the sake OF
showing the attitude of the Court in a case
where its own authority was in question.
1t is almost the first time for many years
that the judicial branch of the Govern
: ment has conceived it possible that Con-
gress could exceed its proper functions in
!, legislation. We hope that it will open
the eyes of all the members OF that Court
to the tendency of the centralizing drift
which has been SO steadily maintained at
Washington for a quarter of century
The Constitution has been little better
than an obsolete antique charter in the
| eyes of our Legislators and their supporters
i III this long-continued onslaught upon
popular rights and we are rejoiced at any
occasion that gives check to such wanton
1surpation.
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